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(영문) 수원지방법원 2014.12.24 2012고단2455
업무상횡령
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

The Defendant is a person who served as the president of a clan from around October 1971 to October 23, 201, and has been engaged in the management of the clan property.

On July 2005, the defendant had been suffering from the financial standing of the (ju) E, which was operated by the defendant in Sinpo City D, with a view to disposing of the land owned by the victim of the defendant's clan.

On July 19, 2005, the defendant entered into a sales contract with I for three parcels of land, such as F, G, H, etc. owned by the victim's clan, which was managed by the victim's clan in the French land and managed by the defendant for the victim's clan, and the same year.

8. 24. 24. Around that time, the registration of ownership transfer for the above land has been made in the future, and the amount of KRW 114 million has been received as the price for land sale, and all of them have been consumed for personal purposes such as business funds.

Accordingly, the defendant embezzled the land owned by the victim's clan while maintaining it for business purposes.

Summary of Evidence

1. Statement of the accused in the first protocol of trial;

1. Examination protocol of the accused by prosecution;

1. Statement to J police officers;

1. The signature and seal of the land register, clan rules, resolution, and signature and seal of the resolution;

1. Application of the Acts and subordinate statutes for investigation reporting;

1. The punishment as set forth in the text shall be determined by taking into consideration the following circumstances: (a) the defendant, who has the reason for sentencing under Article 356(1) and Article 355(1) of the Criminal Act regarding criminal facts and the choice of punishment, embezzled the clan property and concealed the location of the defendant without recovering any damage therefrom; and (b)

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